§ 442-I — State real estate board

§ 442-i. State real estate board. 1. There is hereby established\nwithin the department of state a state real estate board which shall\nconsist of the secretary of state, superintendent of financial services,\nand thirteen additional members. At least five of these members shall be\n"real estate brokers", each of whom, at the time of appointment, shall\nbe licensed and qualified as a real estate broker under the laws of New\nYork state and shall have been engaged in the real estate business in\nthis state for a period of not less than ten years prior to appointment.\nThe remaining members shall be "public members" who shall not be real\nestate licensees.\n 2. The thirteen members shall be appointed as follows: seven members\nshall be appointed by the governor, three of whom shall be real estate\nbrokers and four of whom shall be public members; two members shall be\nappointed by the temporary president of the senate, one of whom shall be\na real estate broker and one of whom shall be a public member; two\nmembers shall be appointed by the speaker of the assembly, one of whom\nshall be a real estate broker and one of whom shall be a public member;\none member shall be appointed by the minority leader of the senate, who\nshall be either a real estate broker or a public member; and one member\nshall be appointed by the minority leader of the assembly, who shall be\neither a real estate broker or a public member.\n 3. Each appointed member shall serve for a term of two years; at any\npoint during such term the appointed member may be removed by the person\nwho appointed such member. In the event that any of said members shall\ndie or resign during the term of office, the successor shall be\nappointed in the same way and with the same qualifications as set forth\nabove. A member may be reappointed for successive terms but no member\nshall serve more than ten years in his or her lifetime.\n 4. A majority of members currently serving on the board shall be\nrequired in order to pass any resolution or to approve any matter before\nthe board. The secretary of state shall be chairperson of the board. The\nvice-chairperson and a secretary shall be elected from among the\nmembers. A board member who fails to attend three consecutive meetings\nshall forfeit the seat unless the secretary of state, upon written\nrequest from the member, finds that the member should have been excused\nfrom a meeting because of illness or death of a family member.\n 5. Each member of the board shall receive no compensation other than\nreimbursement for actual and necessary expenses.\n 6. The board shall meet no fewer than three times per year and at the\ncall of the secretary of state or a majority of the board. In addition\nto regularly scheduled meetings of the board, there shall be at least\none public hearing each year in New York city, one public hearing each\nyear in Buffalo, and one public hearing each year in Albany. At least\nfifteen days prior to the holding of any of these public hearings\npursuant to this subdivision, the board shall give public notice of the\nhearing in a newspaper of general circulation in each area where the\npublic meeting is to be held. The purpose of these hearings shall be to\nsolicit from members of the public, suggestions, comments, and\nobservations about real estate practice in New York state.\n